Kelsey Grammer pushes for Marsy’s Law: What does that cost?

Updated Oct 30, 2019; Posted Oct 29, 2019

Actor Kelsey Grammer appears in a TV ad across for Pennsylvania pushing for the initiative known as Marsy's Law, a proposed victims rights amendment. Grammer, pictured here with partner, actress Kayte Walsh, has twice been the victim of horrific crimes. (Photo by Grant Pollard/Invision/AP)Grant Pollard/Invision/AP

The latest effort in the push for a victims rights constitutional amendment in Pennsylvania has the face of Emmy-award winning actor Kelsey Grammer.

In a 30-second TV advertisement, Grammer, one of Hollywood’s most recognizable sitcom character actors, urges voters to vote in favor of the Marsy’s Law referendum.

Marsy’s Law, he says, “gives crime victims a voice in the process and the equal rights they deserve.”

Grammer, a crime victim, speaks somberly about his experience: His father was gunned down at the age of 38; and six years later, his sister Karen, at 18, was brutally raped and murdered.

The actor explains he learned his father’s killer was being released from prison from an article in the National Enquirer.

“It seemed like a cruel joke,” he says in the TV spot.

The cost of the ad - like the other efforts in the three-year push to get the amendment referendum through - is being footed by Marsy’s Law PA, a political action committee funded by the foundation known as Marsy’s Law for All.

Jennifer Riley, state director for Marsy’s Law for PA, says no public funds were used to pay for the efforts to push the initiative through, but exactly how much money has been spent on pushing the initiative is tricky to ascertain.

Riley said that while the PAC does not comment on campaign strategy, it will continue to advertise and campaign through Election Day in order to educate voters on Marsy’s Law.

“Kelsey Grammer is deeply committed to the victims’ rights cause and has volunteered his time and energy wherever he felt he could make a difference, by sharing his powerful personal story,” Riley said.

According to the Pennsylvania Department of State, Marsy’s Law for All this summer put up $3.6 million to educate voters. It recently augmented that amount with another $400,000. Overall, the effort has been underwritten to the tune of $4.1 million, all from the national foundation.

“What we are doing is making sure we are educating all voters on the Marsy’s Law Initiative,” Riley said. “We are spending an appropriate amount of money in order to educate voters.”

Pennsylvania arguably has weak lobbying spending disclosure laws so it’s virtually impossible to gauge how much money the PAC spent in lobbying efforts.

The spending might has been seeded by California billionaire Henry Nicholas, brother of the woman for whom the law is named. Marsalee “Marsy” Nicholas was stalked and killed by her ex-boyfriend in 1983. A week after her death, Marsy’s mother and brother were confronted in a grocery store by the accused murderer, who had been released on bail without their knowledge.

Nicholas has made it his life’s mission to advocate for constitutional protections and equal rights for crime victims and their families.

The Marshall Project reports that Nicholas has spent upwards of $25 million so far, according to campaign filings, and plans to spend millions more in pursuit of his goal: to get the amendment passed across the country and ultimately, onto the U.S. Constitution.

Approximately 11 states have ratified victims rights laws, but not all are Marsy’s Law.

Grammer, Riley said, brings a compelling narrative to the effort.

The actor minted his success as Dr. Frasier Crane on Cheers, and then he went on to star in the wildly successful spin-off, Frasier.

Riley said he volunteers his time to Marsy’s Law initiatives across the country and does not get paid for doing the TV spots.

“It’s important to understand that Kelsey is crime victim and has had serious trauma in his life,” Riley said. “This is very important to him to make sure crime victims rights are a part of our moral fabric and part of our state constitution.”

Voters will get to cast ballots on the initiative next Tuesday when they go to the polls for this year’s municipal election.

Pennsylvania already grants crime victims certain rights by law; Marsy’s Law would codify those rights into the constitution.

Advocates argue that codifying it into the constitution will give crime victims standing in court, allowing them to, for instance, motion the court in a case. They argue that while Pennsylvania has some of the most robust crime victims laws in the nation, those victims do not have a meaningful way to access those laws. The goal, they say, is not to create new laws but to ensure existing rights are enforceable.

“The problem that Pennsylvania is currently facing is that crime victims have no legal recourse when one of these rights is violated,” Jennifer Storm, Pennsylvania Victims Advocate said. “Should a crime victim not be afforded the right to give their impact statement to the court at sentencing, for example, they have no standing to assert that right in court. The case is simply over. In order to remedy this, crime victims need the opportunity to petition the court, should these rights be violated. We seek to remedy this by elevating these current rights, from the statutory level, to the constitutional level; thus, creating a balance between the rights of the accused and the rights of the crime victim. This is what Marsy’s Law seeks to do.”

The fate of the initiative, however, hangs on the balance of a court decision.

A Commonwealth Court judge is expected this week to hand down a decision on a challenge lodged against the initiative by several groups, including the American Civil Liberties Union and the League of Women Voters.

The ACLU in October filed a lawsuit challenging the proposed amendment on technical grounds. In seeking a preliminary injunction, the groups argued that the ballot question would usher in too many changes at once. That would violate a provision in the state constitution.

“The Pennsylvania constitution can only be changed by voters and to protect that right the constitution says that each change has to be submitted to voters separately,” said Mary Catherine Roper, deputy legal director at the ACLU of Pennsylvania. “When you look at the proposed amendments called Marsy’s Law it lists 15 new rights for victims and it lists ways of enforcing those rights.”

If ratified, Marsy’s Law would compel authorities to notify crime victims of upcoming court proceedings involving the crime defendant and to notify crime victims when defendants or convicted felons are released from prison.

Marsy's Law would give victims the ability to file motions to challenge instances in which they believe their rights are being violated.

The law mirrors the Pennsylvania Crime Victims Act and would ensure victims have the right to:

Receive information about their rights.

Receive notification of proceedings in their criminal cases.

Be present at court proceedings.

Be heard at plea and sentencing proceedings.

Assert additional statutory rights.

Be treated with fairness, respect and dignity.

Assert the right to seek restitution, offer victim impact statements in court and be notified of parole proceedings and inmate release dates.

During the 2017-18 legislative session, Marsy’s Law passed unanimously in both the state Senate and House. This year, House Bill 276 for Marsy’s Law was again approved unanimously by the Senate, and was approved by the House of Representatives in a vote of 190-8.

The ultimate fate of the initiative, regardless of the referendum outcome, hinges on the decision from the Commonwealth Court.

The measure has garnered the support of Gov. Tom Wolf and Pennsylvania Attorney General Josh Shapiro, as well as a handful of organizations, including the Pennsylvania Coalition Against Domestic Violence and the Pennsylvania Coalition Against Rape.

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